Reviewer in Correction 1

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REVIEW NOTES

REVIEW NOTES IN CORRECTIONAL ADMINISTRATIONIN CORRECTIONAL ADMINISTRATION

CORRECTION ADMINISTRATION CORRECTION ADMINISTRATION II.. BBaassiic c DDeeffiinniittiioon n oof f TTeerrmmss:: PENOLOGY defined:

PENOLOGY defined:

- The study of punishment for crime or of criminal offenders. It includes the - The study of punishment for crime or of criminal offenders. It includes the stu

study dy of of cocontntrol rol anand d prepreveventintion on of of crcrime ime thrthrouough gh pupuninishmshment ent of of cricriminminalal offenders.

offenders.

- The term is derived from the Latin word “POEN! which means pain or - The term is derived from the Latin word “POEN! which means pain or suffering.

suffering.

- Penology is otherwise "nown as Penal #cience. It is actually a division of - Penology is otherwise "nown as Penal #cience. It is actually a division of criminology that deals with prison management and the treatment of offenders$ criminology that deals with prison management and the treatment of offenders$ and concerned itself with the philosophy and practice of society in its effort to and concerned itself with the philosophy and practice of society in its effort to repress criminal activities.

repress criminal activities.

- Penology has stood in the

- Penology has stood in the past and$ for the most past and$ for the most part$ still stands for thepart$ still stands for the po

polilicy cy of of ininflflicictiting ng pupuninishshmement nt on on ththe e ofoffefendnder er as as a a coconsnse%e%ueuencnce e of of hihiss wrongdoing.

wrongdoing.

Pena Mana!ement: Pena Mana!ement:

- &efers to the manner or practice of managing or controlling places of - &efers to the manner or practice of managing or controlling places of confinement as in 'ails or prisons.

confinement as in 'ails or prisons. CORRECTION defined:

CORRECTION defined:

-  (ranch of the )riminal *ustice #ystem concerned with the custody$ -  (ranch of the )riminal *ustice #ystem concerned with the custody$ supervision and reha(ilitation of criminal offenders.

supervision and reha(ilitation of criminal offenders.

- It is that field of criminal 'ustice administration which utili+es the (ody of - It is that field of criminal 'ustice administration which utili+es the (ody of "nowledge and practices of the government and the society in general involving "nowledge and practices of the government and the society in general involving the processes of handling individuals who have (een convicted of offenses for the processes of handling individuals who have (een convicted of offenses for purposes of crime prevention and control.

purposes of crime prevention and control.

- It is the study of 'ail,prison management and administration as well as - It is the study of 'ail,prison management and administration as well as the reha(ilitation and reformation of criminals.

the reha(ilitation and reformation of criminals.

- It is a generic term that includes all government agencies$ facilities$ - It is a generic term that includes all government agencies$ facilities$ programs$ procedures$ personnel$ and techni%ues concerned with the

programs$ procedures$ personnel$ and techni%ues concerned with the

investigation$ inta"e$ custody$ confinement$ supervision$ or treatment of alleged investigation$ inta"e$ custody$ confinement$ supervision$ or treatment of alleged offenders.

offenders.

Correction as a Process: Correction as a Process:

- &efers to the reorientation of the criminal offender to prevent him or her - &efers to the reorientation of the criminal offender to prevent him or her from repeating his deviant or delin%uent actions with out the necessity of ta"ing from repeating his deviant or delin%uent actions with out the necessity of ta"ing punitive actions (ut rather the introduction of individual measures of reformation. punitive actions (ut rather the introduction of individual measures of reformation. Correctiona Administration:

Correctiona Administration:

- The study and practice of a systematic management of 'ails or prisons - The study and practice of a systematic management of 'ails or prisons and other institutions concerned with the custody$ treatment$ and reha(ilitation of and other institutions concerned with the custody$ treatment$ and reha(ilitation of criminal offenders.

criminal offenders. II.

II. Correction and Correction and t"e Crimina t"e Crimina #$stice S%stem#$stice S%stem

The )riminal *ustice #ystem is the machinery of any government in the The )riminal *ustice #ystem is the machinery of any government in the control and prevention of crimes and criminality. It is composed of the pillars of control and prevention of crimes and criminality. It is composed of the pillars of 'ustice su

'ustice such as tch as the Law Ehe Law Enforcemennforcement Pillar t Pillar Police/Police/$ the Pros$ the Prosecution ecution PillarPillar$ the$ the )ourt Pillar$ the )orrection Pillar$ and the )ommunity Pillar.

)ourt Pillar$ the )orrection Pillar$ and the )ommunity Pillar.

)orrection as one of the pillars of )riminal *ustice #ystem is considered )orrection as one of the pillars of )riminal *ustice #ystem is considered as the wea"est pillar. This is (ecause of its failure to deter individuals in

as the wea"est pillar. This is (ecause of its failure to deter individuals in

committing crimes as well as the reformation of inmates. This is evident in the committing crimes as well as the reformation of inmates. This is evident in the increasing num(er of inmates in 'ails or prisons. 0ence$ the need of prison increasing num(er of inmates in 'ails or prisons. 0ence$ the need of prison

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REVIEW NOTES

REVIEW NOTES IN CORRECTIONAL ADMINISTRATIONIN CORRECTIONAL ADMINISTRATION

management is necessary to reha(ilitate inmates and transform them to management is necessary to reha(ilitate inmates and transform them to (ecome law-a(iding citi+ens after their release.

(ecome law-a(iding citi+ens after their release.

)orrection is the fourth pillar of the criminal 'ustice system. This pillar )orrection is the fourth pillar of the criminal 'ustice system. This pillar ta"es over once the accused$ after having (een found guilty$ is meted out the ta"es over once the accused$ after having (een found guilty$ is meted out the penalty for the crime he committed. 0e can apply for pro(ation or he could (e penalty for the crime he committed. 0e can apply for pro(ation or he could (e turned over to a non-institutional or institutional agency or facility

turned over to a non-institutional or institutional agency or facility

for custodial treatment and reha(ilitation. The offender could avail of the (enefits for custodial treatment and reha(ilitation. The offender could avail of the (enefits of parole or e1ecutive clemency once he has served the minimum period of his of parole or e1ecutive clemency once he has served the minimum period of his sentence.

sentence.

2hen the penalty is imprisonment$ the sentence is carried out either in the 2hen the penalty is imprisonment$ the sentence is carried out either in the municipal$ provincial or national penitentiary depending on the length of the

municipal$ provincial or national penitentiary depending on the length of the sentence meted out.

sentence meted out.

III. &istorica Pers'ecti(e on Corrections III. &istorica Pers'ecti(e on Corrections

Im'ortant Dates and E(ents in t"e &istor% of Corrections: Im'ortant Dates and E(ents in t"e &istor% of Corrections: )*

)*t"t"_{Cent$r% + Sec$rin! Sanct$ar%}_{Cent$r% + Sec$rin! Sanct$ar%} In the 34

In the 34thth_{)$ a criminal could avoid punishment (y claiming refugee in a}_{)$ a criminal could avoid punishment (y claiming refugee in a} church for a period of 56 days at the end of which time he has compelled to leave church for a period of 56 days at the end of which time he has compelled to leave the realm (y a road or path assigned to him.

the realm (y a road or path assigned to him. ),- /En!and0

),- /En!and0 7 Torture as a form of punishment (ecame prevalent. 7 Torture as a form of punishment (ecame prevalent. )-t" Cent$r%

)-t" Cent$r% 7 Transportation of criminals in England$ was authori+ed. t the 7 Transportation of criminals in England$ was authori+ed. t the end of the 38

end of the 38thth_{)$ &ussia and other European )ountries followed this system. It}_{)$ &ussia and other European )ountries followed this system. It} partially relieved overcrowding of prisons. Transportation was a(andoned in partially relieved overcrowding of prisons. Transportation was a(andoned in 394:.

394:. )1

)1t"t"_{C to ate )}_{C to ate )}t"t"_C_{C 7 ;eath Penalty (ecame prevalent as a form of punishment.}_{7 ;eath Penalty (ecame prevalent as a form of punishment.} Reasons 2"% Deat" Penat% 3ecame t"e $s$a

Reasons 2"% Deat" Penat% 3ecame t"e $s$a P$nis"ment d$rin! t"is 'eriod and t"ereafter: P$nis"ment d$rin! t"is 'eriod and t"ereafter:

3. ;eath of outlaws (ecame a “protection for the English people!. It is 3. ;eath of outlaws (ecame a “protection for the English people!. It is (ecause the people during this period did not totally (elieve yet in the a(ility to a (ecause the people during this period did not totally (elieve yet in the a(ility to a strong police force to com(at criminals.

strong police force to com(at criminals.

<. People lac" confidence in the transportation of criminals. =aols and <. People lac" confidence in the transportation of criminals. =aols and =alleys (ecame center of corruption and ineffective instruments of punishment. =alleys (ecame center of corruption and ineffective instruments of punishment. 4. ;octrine of )rude Intimidation appeared or seemed to (e a logical form 4. ;octrine of )rude Intimidation appeared or seemed to (e a logical form of threat in order to deter or prevent the people from violating the law.

of threat in order to deter or prevent the people from violating the law.

5. The assumption was that$ the &uling )lass is tas"ed to protect property 5. The assumption was that$ the &uling )lass is tas"ed to protect property rights and maintain pu(lic peace and order. The system of maintaining pu(lic rights and maintain pu(lic peace and order. The system of maintaining pu(lic order had little consideration or it did not recogni+e the social and economic order had little consideration or it did not recogni+e the social and economic condition of the lower wor"ing class. The lawma"ers and enforcers used death condition of the lower wor"ing class. The lawma"ers and enforcers used death penalty to cover property loss or damage with out further contemplating the value penalty to cover property loss or damage with out further contemplating the value of life of other people.

of life of other people. GAOLS

GAOLS - - *ails/ 7 pretrial detention *ails/ 7 pretrial detention facilities operated (y English facilities operated (y English #heriff.#heriff. Gae%s

Gae%s 7 long$ 7 long$ lowlow$ narro$ narrow$ w$ single dsingle dec"ed sec"ed ships prophips propelled (y elled (y sails$ ussails$ usuallyually rowed (y criminals.  type of ship used for transportation of criminals in the 38 rowed (y criminals.  type of ship used for transportation of criminals in the 38 thth century.

century. &$4s

&$4s 7 decrep 7 decrepit transpit transport$ formeort$ former warshr warships used ips used to house to house prisoners prisoners in the 39in the 39thth and 3>

and 3>thth_{century. These were a(andoned warships converted into prisons as}_{century. These were a(andoned warships converted into prisons as} means of relieving congestion of prisoners. They were also called “floating hells!. means of relieving congestion of prisoners. They were also called “floating hells!.

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REVIEW NOTES IN CORRECTIONAL ADMINISTRATION

T"e Primar% Sc"oos of Penoo!%

3. The )lassical #chool 7 it maintains the “doctrine of psychological

hedonism! or “free will!. That the individual calculates pleasures and pains in advance of action and regulates his conduct (y the result of his calculations.

<. The Neo-classical #chool 7 it maintained that while the classical doctrine is correct in general$ it should (e modified in certain details. #ince children and lunatics cannot calculate the differences of pleasures from pain$ they should not (e regarded as criminals$ hence they should (e free from punishment.

4. The Positivist,Italian #chool 7 the school that denied individual

responsi(ility and reflected non-punitive reactions to crime and criminality. It adheres that crimes$ as any other act$ is a natural phenomenon. )riminals are considered as sic" individuals who need to (e treated (y treatment programs rather than punitive actions against them.

T"e Primiti(e Societ%

In the (eginning of civili+ation$ acts are characteri+ed (y (ehavioral controls categori+ed as for(idden acts$ accepted acts$ and those acts that are encouraged.

)rimes$ violence$ re(ellious acts and other acts$ which are e1pressly prohi(ited (y the society$ fall as for(idden acts. ccepted acts are those that can (e (eneficial to the welfare of the society such as early traditions and practices$ fol"ways$ norms$ those that are controlled (y social rules$ and laws.

Encourage acts are anything approved (y the ma'ority which is (elieved to (e (eneficial to the common good. These things include marrying$ having

children$ crop production$ growing food$ etc

Punishment is re%uired when those who intend to violate the rules do not comply with these practices.

The comple1 society gradually evolved changing the social rules into a more structured sanctions to prevent the violations of those rules essential to group survival. These sanctions have (een codified into written rules or laws. nd the reward for o(eying those laws is simply the a(ility to function as a

respected and productive mem(er of society. Redress /Com'ensation0 of a 2ron! act

Retaiation Personal ?engeance/ 7 the earliest remedy for a wrong act to any one in the primitive society/. The concept of personal revenge (y the

victim@s family or tri(e against the family or tri(e of the offender$ hence “(lood feuds! was accepted in the early primitive societies.

5ines and P$nis"ment 7 )ustoms has e1erted effort and great force among primitive societies. The acceptance of vengeance in the form of payment cattle$ food$ personal services$ etc/ (ecame accepted as dictated (y tri(al

traditions. s tri(al leaders$ elders and later "ings came into power$ they (egun to e1ert their authority on the negotiations. 2rongdoers could choose to stay away from the proceedings Trial (y ordeal/ (ut if they refuse to a(ide (y the law

imposed$ they will (e declared to (e an outlaw. Ear% Codes:

0istory has shown that there are three main legal systems in the world$ which have (een e1tended to and adopted (y all countries aside from those that produced them. In their chronological order$ they are the &oman$ the

Aohammedan or ra(ic and the nglo-merican Laws. mong the three$ it was

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private law 2hich include )riminal Law/$ especially has offered the most ade%uate (asic concepts which sharply define$ in concise and inconsistent

terminology$ mature rules and a complete system$ logical and firm$ tempered with a high sense of e%uity.

)o%uia$ Principles of &oman Law$ 3>>8/ ). Ba3%onian and S$merian Codes

a. Code of 6in! &amm$ra3i /&amm$ra3ic Code0 7 Ba(ylon$ a(out 3>>6 B)$ credited as the oldest code prescri(ing savage punishment$ (ut in fact$ #umerian codes were nearly one hundred years older.

7. Roman and Gree4 Codes

a. #$stinian Code 7 8th_{) .;. $ Emperor *ustinian of &ome wrote his} code of law.

n effort to match a desira(le amount of punishment to all possi(le crimes. 0owever$ the law did not survive due to the fall of the &oman Empire (ut left a foundation of 2estern legal codes.

C The Twelve Ta(les DII Ta(ulae/$ 5:3-5:6 B)/ 7 represented the earliest codification of &oman law incorporated into the *ustinian )ode. It is the foundation of all pu(lic and private law of the &omans until the time of *ustinian. It is also a collection of legal principles engraved on metal ta(lets and set up on the forum.

3. Gree4 Code of Draco 7 In =reece$ the )ode of ;raco$ a harsh code that provides the same punishment for (oth citi+ens and the slaves as it

incorporates primitive concepts ?engeance$ Blood euds/.

C The =ree"s were the first society to allow any citi+en to prosecute the offender in the name of the in'ured party.

4. T"e B$r!$ndian Code /899 A.D0 7 specified punishment according to the social class of offenders$ dividing them into no(les$ middle class and lower class and specifying the value of the life of each person according to social status. Ear% Codes /P"ii''ine Settin!0

The Philippines is one of the many countries that cane under the influence of the &oman Law. 0istory has shown that the &oman Empire reached its

greatest e1tent to most of continental Europe such as #pain$ Portugal$ rench and all of )entral Europe.

Eventually$ the #panish )ivil )ode (ecame effective in the Philippines on ;ecem(er F$ 399>$ the “)on%uistadores! and the “Godigo Penal!The &evised Penal )ode today$ 3>46/ was introduced (y the #paniards promulgated (y the Ging of #pain. Basically$ these laws adopted the &oman Law principles )o%uia$ Principles of &oman Law$ 3>>8/.

Aostly tri(al traditions$ customs and practices influenced laws during the Pre-#panish Philippines. There were also laws that were written which includes

a. The )ode of Galantiao promulgated in 3544/ 7 the most e1tensive and severe law that prescri(es harsh punishment.

( (. The Aaragtas )ode (y ;atu #uma"wel/ c c. #i"atuna Law

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Ear% Prisons:

Mamertine Prison 7 the only early &oman place of confinement which is (uilt under the main sewer of &ome in 85 B.)

Other places of confinement in the history of confinement include

O&T&E##E#$ )#TLE#$ and TO2N =TE# that were strongly (uilt purposely against roving (ands of raiders.

The most popular wor"house was the B&I;E2ELL 2O&G0OH#E 3::F/ in London which was (uilt for the employment and housing of English prisoners.

2ulnut #treet *ail 7 originally constructed as a detention 'ail in

Philadelphia. It was converted into a state prison and (ecame the first merican Penitentiary.

Ear% 'risons in t"e P"ii''ines:

;uring the Pre-#panish period$ prison system in the Philippines was tri(al in nature. ?illage chieftains administered it. It was historically traced from the early written laws.

In 395F$ the first Bili(id Prison was constructed and (ecame the central place of confienment for ilipino Prisoners (y virtue of the &oyal decree of the #panish crown.

In 3>48$ the )ity of Aanila e1changes its Auntinlupa property with the Bureau of Prisons originally intended as a site for (oys@ training school. Today$ the old Bili(id Prison is now (eing used as the Aanila )ity *ail$ famous as the “ Aay 0ali%ue Estate!.

I. T&E EMERGENCE O5 SEC;LAR LA<

,t"_{A.D. =} _{#ecular Laws were advocated (y )hristian philosophers who}

recogni+es the need for 'ustice. #ome of the proponents these laws were #t. ugustine and #t. Thomas %uinas.

Three Laws were distinguished

3. E1ternal Law Le1 E1terna/ <. Natural Law Le1 Naturalis/ 4. 0uman Law Le1 0umana/

ll these laws are intended for the common good$ (ut the 0uman law only (ecome valid if it does not conflict with the other two laws.

. P;NIS&MENT P$nis"ment:

- It is the redress that the state ta"es against an offending mem(er of society that usually involve pain and suffering.

- It is also the penalty imposed on an offender for a crime or wrongdoing. ncient orms of Punishment

3. ;eath Penalty 7 affected (y (urning$ (eheading$ hanging$ (rea"ing at the wheels$ pillory and other forms of medieval e1ecutions.

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<. Physical Torture 7 affected (y maiming$ mutilation$ whipping and other inhumane or (ar(aric forms of inflicting pain.

4. #ocial ;egradation 7 putting the offender into shame or humiliation. 5. Banishment or E1ile 7 the sending or putting away of an offender which was carried out either (y prohi(ition against coming into a specified territory such as an island to where the offender has (een removed.

:. Other similar forms of punishment li"e transportation and slavery. Early orms of Prison ;iscipline

3. 0ard La(or - productive wor"s.

<. ;eprivation 7 deprivation of everything e1cept the (are essentials of e1istence

4. Aonotony 7 giving the same food that is “off! diet$ or re%uiring the prisoners to perform dra( or (oring daily routine.

5. Hniformity 7 “ we treat the prisoners ali"e!. “ the fault of one is the fault of all!.

:. Aass Aovement 7 mass living in cell (loc"s$ mass eating$ mass recreation$ mass (athing.

8. ;egradation 7 uttering insulting words or languages on the part of prison staff to the prisoners to degrade or (rea" the confidence of prisoners.

F. )orporal Punishment 7 imposing (rutal punishment or employing physical force to intimidate a delin%uent inmate.

9. Isolation or #olitary )onfinement 7 non-communication$ limited news$ “ the lone wolf!.

Contem'orar% 5orms of P$nis"ment:

3. Imprisonment 7 putting the offender in prison for the purpose of

protecting the pu(lic against criminal activities and at the same time reha(ilitating the prisoners (y re%uiring them to undergo institutional treatment programs.

<. Parole - a conditional release of a prisoners after serving part of his,her sentence in prison for the purpose of gradually re-introducing him,her to free life under the guidance and supervision of a parole officer.

4. Pro(ation 7 a disposition where(y a defendant after conviction of an offense$ the penalty of which does not e1ceed si1 years imprisonment$ is

released su('ect to the conditions imposed (y the releasing court and under the supervision of a pro(ation officer.

5. ine 7 an amount given as a compensation for a criminal act.

:. ;estierro 7 the penalty of (anishing a person from the place where he committed a crime$ prohi(iting him to get near or enter the <:-"ilometer

perimeter.

P;RPOSES>#;STI5ICATIONS O5 P;NIS&MENT

3. &etri(ution 7 the punishment should (e provided (y the state whose sanction is violated$ to afford the society or the individual the opportunity of

imposing upon the offender suita(le punishment as might (e enforced. Offenders should (e punished (ecause they deserve it.

<. E1piation or tonement 7 it is punishment in the form of group vengeance where the purpose is to appease the offended pu(lic or group.

4. ;eterrence 7 punishment gives lesson to the offender (y showing to others what would happen to them if they violate the law. Punishment is imposed to warn potential offenders that they can not afford to do what the offender has done.

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5. Incapacitation and Protection 7 the pu(lic will (e protected if the offender has (eing held in conditions where he can not harm others especially the pu(lic. Punishment is effected (y placing offenders in prison so that society will (e ensured from further criminal depredations of criminals.

:. &eformation or &eha(ilitation 7 it is the esta(lishment of the usefulness and responsi(ility of the offender. #ociety@s interest can (e (etter served (y

helping the prisoner to (ecome law a(iding citi+en and productive upon his return to the community (y re%uiring him to undergo intensive program of reha(ilitation in prison.

I. T&E AGE O5 ENLIG&TENMENT

39th_{)entury is a century of change. It is the period of recogni+ing human} dignity. It is the movement of reformation$ the period of introduction of certain reforms in the correctional field (y certain person$ gradually changing the old positive philosophy of punishment to a more humane treatment of prisoners with innovational programs.

T"e Pioneers:

3. 2illiam Penn 3835-3F39/

- 0e fought for religious freedom and individual rights.

- 0e is the first leader to prescri(e imprisonment as correctional treatment for ma'or offenders.

- 0e is also responsi(le for the a(olition of death penalty and torture as a form of punishment.

<. )harles Aontesi%uieu )harles Louis #econdat$ Baron de la Brede et de Aontesi%uieu/

- 389>- 3F::/  rench historian and philosopher who analy+ed law as an e1pression of 'ustice. 0e (elieve that harsh punishment would

undermine morality and that appealing to moral sentiments as a (etter means of preventing crime.

4. ?OLTI&E rancois Aarie rouet/

- 38>5- 3FF9/ 0e was the most versatile of all philosophers during this period. 0e (elieves that fear of shame was a deterrent to crime. 0e fought the legality-sanctioned practice of torture.

5. )esare Bonesa$ Aarchese de Beccaria 3F49-3F>5/

- 0e wrote an essay entitled “n Essay on )rimes and

Punishment!$ the most e1iting essay on law during this century. It presented the humanistic goal of law.

:. *eremy Bentham 3F59-394</ 7 the greatest leader in the reform of English )riminal law. 0e (elieves that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime$ the crime rate would go down.

- Bentham was the one who devise the ultimate PNOPTI)N P&I#ON 7 a prison that consists of a large circular (uilding containing multi cells around the periphery. It was never (uilt.

8. *ohn 0oward 3F<8 7 3F>6/ 7 the sheriff of Bedsfordshire in 3FF4 who devoted his life and fortune to prison reform. fter his findings on English

Prisons$ he recommended the following single cells for sleeping - segregation of

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women - segregation of youth - provision of sanitation facilities - a(olition of fee system (y which 'ailers o(tained money from prisoners.

The Reformatory Movement:

3. le1ander Aocanochie 7 0e is the #uperintendent of the penal colony at Norfol" Island in ustralia 3956/ who introduced the “Aar" #ystem!.  system in which a prisoner is re%uired to earn a num(er of mar"s (ased on proper

department$ la(or and study in order to entitle him for a tic"et for leave or conditional release which is similar to parole.

<. Aanuel Aontesimos 7 The ;irector of Prisons in ?alencia #pain 394:/ who devided the num(er of prisoners into companies and appointed certain prisoners as petty officers in charge$ which allowed good (ehavior to prepare the convict for gradual release.

4. ;omets of rance 7 esta(lished an agricultural colony for delin%uent (oys in 394> providing housefathers as in charge of these (oys.

5. #ir Evelyn &uggles Brise 7 The ;irector of the English Prison who opened the Borstal Institution for young offenders. The Borstal Institution is considered as the (est reform institution for young offenders today.

:. 2alter )rofton 7 0e is the ;irector of the Irish Prison in 39:5 who introduced the Irish system that was modified from the Aocanochie@s mar" system.

8. e(ulon Broc"way 7 The ;irector of the Elmira &eformatory in New Jor" 39F8/ who introduced certain innovational programs li"e the following training school type compulsory education of prisoners casewor" methods -e1tensive use of parole - indeterminate sentence

C The Elmira Reformatory is considered forerunner of modern penology (ecause it had all the elements of a modern system.

The Two &ival Prison #ystem in the 0istory of )orrection

. The u(urn Prison #ystem 7 the prison system called the “)ongregate #ystem!.

- The prisoners are confined in their own cells during the night and congregate wor" in shops during the day. )omplete silence was enforced.

B. The Pennsylvania Prison #ystem 7 the prisons system called “#olitary #ystem!.

- Prisoners are confined in single cells day and night where they lived$ they slept$ they ate and receive religious instructions. )omplete #ilence was also enforced. They are re%uired to read the Bi(le.

II. PENALTY and T&E MODERN PERIOD O5 CORRECTION

PENLTJ is defined as the suffering inflicted (y the state against an offending mem(er for the transgression of law.

*uridical )onditions of Penalty Punishment must (e

3. Productive of suffering 7 without however affecting the integrity of the human personality.

<. )ommensurate with the offense 7 different crimes must (e punished with different penalties rt. <:$ &P)/.

4. Personal 7 the guilty one must (e the one to (e punished$ no pro1y. 5. Legal 7 the conse%uence must (e in accordance with the law.

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:. E%ual 7 e%ual for all persons.

8. )ertain 7 no one must escape its effects.

F. )orrectional 7 changes the attitude of offenders and (ecome law-a(iding citi+ens.

D$ration of Penaties

3. ;eath Penalty 7 )apital punishment

<. &eclusion Perpetua 7 life imprisonment$ a term of <6-56 yrs imprisonment

4. &eclusion Temporal 7 3< yrs and 3 day to <6 years imprisonment 5. Prision Aayor 7 8 yrs and 3 day to 3< years

:. Prision )orrectional 7 8 months and 3 day to 8 years 8. rresto Aayor 7 3 month and 3 day to 8 months F. rresto Aenor 7 3 day to 46 days

9. Bond to Geep the Peace 7 discretionary on the part of the court. T"e modern Period of Correction

Aodern Penal Aanagement incorporates general principles of treating offenders that are (ased on humane practices such as the following

3. *ail or Prison rules shall (e applied impartially without discrimination on ground of race$ color$ language$ religion or other opinion$ national or social origin$ property$ (irth or other status.

<. The religious (eliefs and moral precepts not contrary to law$ which a prisoner holds$ must (e respected.

4. Prison or *ail rules and regulations shall (e applied with firmness (ut tempered with understanding.

5. )ustodial force shall$ at all times$ conduct themselves as good e1amples.

:. (usive or indecent language to prisoners shall not (e used.

8. #pecial care towards inmates shall (e practiced preventing humiliation or degradation.

F. No use of force must (e made (y any of the custodial force$ e1cept in self-defense or attempt to escape or in case of passive physical resistance to a lawful order.

9. )ustodial force shall (ear in mind that prisoners are sic" people who need treatment.

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T&E P&ILIPPINE PRISON SYSTEM I. B$rea$ of Corrections

Bureau of Prisons was renamed Bureau of )orrections under E1ecutive Order <>< passed during the %uino dministration. It states that the head of the Bureau of )orrections is the ;irector of Prisons who is appointed (y the

President of the Philippines with the confirmation of the )ommission of ppointments.

The Bureau of )orrections has general supervision and control of all national prisons or penitentiaries. It is charged with the safe"eeping of all Insular Prisoners confined therein or committed to the custody of the Bureau.

Co(era!e of t"e B$rea$ of Corrections a. National Bili(id Prisons Auntinlupa$ &i+al/

- New Bili(id Prisons Aain Building/

-

)amp #ampaguita

-

)amp Bu"ang Liwayway

(. &eception and ;iagnostic )enter &;)/

c. )orrectional Institution for 2omen Aandaluyong/ d. The Penal )olonies

- #a(layan Penal )olony and arm Occ. Aindoro/ - Iwahig Penal )olony and arm Palawan/

- ;avao Penal )olony and arm )entral ;avao/ - #an &amon Penal )olony and arm am(oanga/ - Ilo-Ilo Penal )olony and arm Ilo-Ilo Province/ - Leyte &egional Prison (uyog Leyte/

PRISON Defined:

=  penitentiary$ an institution for the imprisonment incarceration/ of persons convicted of ma'or, serious crimes.

-  (uilding$ usually with cells$ or other places esta(lished for the purpose of ta"ing safe custody or confinement of criminals.

=  place of confinement for those for those charged with or convicted of offenses against the laws of the land.

<&O IS A PRISONER?

-  prisoner is a person who is under the custody of lawful authority.  person$ who (y reason of his criminal sentence or (y a decision issued (y a court$ may (e deprived of his li(erty or freedom.

-  prisoner is any person detained,confined in 'ail or prison for the

commission of a criminal offense or convicted and serving in a penal institution. -  person committed to 'ail or prison (y a competent authority for any of the following reasons To serve a sentence after conviction 7 Trial 7 Investigation

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Genera Cassification of Prisoners

3. Detention Prisoners 7 those detained for investigation$ preliminary hearing$ or awaiting trial.  detainee in a loc" up 'ail. They are prisoners under the 'urisdiction of )ourts.

<. Sentenced Prisoners 7 offenders who are committed to the 'ail or prison in order to serve their sentence after final conviction (y a competent court. They are prisoners under the 'urisdiction of penal institutions.

4. Prisoners 2"o are on Safe4ee'in! 7 includes non-criminal offenders who are detained in order to protect the community against their harmful

(ehavior. E1. Aentally deranged individuals$ insane person. Cassification of Sentenced Prisoners:

3. Ins$ar or Nationa Prisoners

- Those sentenced to suffer a term of sentence of 4 years and 3 day to life imprisonment.

- Those sentenced to suffer a term of imprisonment cited a(ove (ut appealed the 'udgement and una(le to file a (ond for their temporary li(erty.

<. Pro(incia Prisoners

- Those persons sentenced to suffer a term of imprisonment from 8 months and 3 day to 4 years or a fine not more than 3$666 pesos$ or (othK or

-

Those detained therein waiting for preliminay investigation of

their cases cogni+a(le (y the &T). *. Cit% Prisoners

- Those sentenced to suffer a term of imprisonment from 3 day to 4 years or a fine of not more than 3$666 pesos or (oth.

- Those detained therein whose cases are filed with the AT). - Those detained therein whose cases are cogni+a(le (y the &T) and under Preliminary Investigation.

,. M$nici'a Prisoners

- Those confined in Aunicipal 'ails to serve an imprisonment from 3 day to 8 months.

- Those detained therein whose trials of their cases are pending with the AT).

Cassification of Prisoners Accordin! to De!ree of Sec$rit%: 3. S$'er Ma@im$m Sec$rit% Prisoners

-  special group of prisoners composed of incorrigi(le$ intracta(le$ and highly dangerous persons who are the source of constant distur(ances even in a ma1imum security prison.

- They wear orange color of uniform. <. Ma@im$m Sec$rit% Prisoners

- The group of prisoners whose escape could (e dangerous to the pu(lic or to the security of the state.

- It consist of constant trou(lema"ers (ut not as dangerous as the super ma1imum-security prisoners. Their movements are restricted and they are not allowed to wor" outside the institution (ut rather assigned to industrial shops with in the prison compound.

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- They are confined at the Aa1imum #ecurity Prison NBP Aain Building/$ they wear orange color of uniform.

- Prisoners includes those sentenced to serve sentence <6 years or more$ or those whose sentenced are under the review of the #upreme )ourt$ and offenders who are criminally insane having severe personality or emotional

disorders that ma"e them dangerous to fellow offenders or staff mem(ers. 4. Medi$m Sec$rit% Prisoners

- Those who can not (e trusted in open conditions and pose lesser danger than ma1imum-security prisoners in case they escape.

- It consist of groups of prisoners who may(e allowed to wor" outside the fence or walls of the penal institution under guards or with escorts.

- They occupy the Aedium #ecurity Prison )amp #ampaguita/ and they wear (lue color of uniforms. =enerally$ they are employed as agricultural wor"ers.

- It includes prisoners whose minimum sentence is less than <6 years and life-sentenced prisoners who served at least 36 years inside a ma1imum security prison.

5. Minim$m Sec$rit% Prisoners

-  group of prisoners who can (e reasona(ly trusted to serve sentence under “open conditions!.

- This group includes prisoners who can (e trusted to report to their wor" assignments without the presence of guards.

- They occupy the Ainimum #ecurity Prison )amp Bu"ang Liwayway/ and wear (rown color uniforms.

<&AT IS A #AIL?

*IL 7 is a place for loc"ing-up of persons who are convicted of minor offenses or felonies who are to serve a short sentences imposed upon them (y a competent court$ or for confinement of persons who are awaiting trial or

investigation of their cases. Types of *ails

3. Loc"-up *ails 7 is a security facility$ common to police stations$ used for temporary confinement of an individual held for investigation.

<. Ordinary *ails 7 is the type of 'ail commonly used to detain a convicted criminal offender to serve sentence less than three years.

4. 2or"houses$ *ail arms or )amp 7 a facility that houses minimum custody offenders who are serving short sentences or those who are undergoing constructive wor" programs. It provides full employment of prisoners$ remedial services and constructive leisure time activities.

II. Pro(incia #ais

Provincial *ails in the Philippines are not under the 'urisdiction of the Bureau of )orrections. They are managed and controlled (y the provincial government.

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III. B$rea$ of #ai Mana!ement and Penoo!% /B#MP0

The B*AP e1ercises supervision and control over all cities and municipal 'ails throughout the country. The enactment of &epu(lic ct no. 8>F: created the

B*AP. It operates as a line (ureau under the ;epartment of the Interior and Local =overnment ;IL=/.

Mission of t"e B#MP: The *ail Bureau shall direct$ supervise and control the administration and operation of all district$ city and municipal 'ails to effect a (etter system of 'ail Aanagement nationwide.

O3ecti(es of t"e B#MP

3. To improve the living conditions of the offenders in accordance with the accepted standards set (y the Hnited Nations.

<. To enhance reha(ilitation and reformation of offenders in preparation for their eventual reintegration into the mainstream of society upon their release.

4. To professionali+e 'ail services. Princi'es of t"e B#MP:

3. It is the o(ligation of 'ail authorities to confine offenders safely and provide reha(ilitative programs that will negate criminal tendencies and restore their positive values to ma"e them productive and law a(iding citi+ens.

<. No procedure or system of correction shall deprive any offender of hope for his ultimate return to the fold of the law and full mem(ership in society.

4. Hnless provided otherwise$ any person accused of a criminal offense shall (e presumed innocent and his rights$ as a free citi+en shall (e respected$ e1cept for such indispensa(le restraints during his confinement in the interest of 'ustice and pu(lic safety.

5. Offenders are human (eings entitled to the same (asic rights and privileges en'oyed (y citi+ens in a free society$ e1cept that the e1ercise of these rights are limited or controlled for security reasons.

:. 0ealth preservation and prompt treatment of illness or in'ury is a (asic right of every person confined in 'ail and it is the duty of 'ail facilities to arrange for their treatment su('ect to security measures.

8. Aem(ers of the custodial force shall set themselves as e1amples (y performing their duties in accordance with the rules and respect the laws duly constituted (y authorities.

F. No 'ail personnel shall (e a(usive$ insulting$ indecent languages on the offenders.

9. No 'ail personnel shall use unnecessary force on offenders e1cept for legitimate self-defense or in cases of attempted active and passive physical resistance to a lawful order.

>. No penalty shall (e imposed upon any offender for violation of rules,regulations unless in accordance with duly approved disciplinary procedures.

36. Penalties to (e imposed shall not (e cruel$ inhuman$ or degrading$ and no physical punishment shall (e employed as a correctional measure.

33. Aem(ers of the custodial force must understand that offenders need treatment and counseling and the primary purpose of confinement is for

safe"eeping and reha(ilitation.

3<. 2hen conducting routinary custodial guarding$ the ratio of 3F$ or one guard for every F offenders shall (e o(served.

34. 2hen the offender is in transit$ the ratio of 333 for every offender shall (e o(served. In case of high-ris" offender that demands e1tra precaution

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additional guards shall (e employed. This manning level shall (e national in scope for effective 'ail administration.

Po2ers 5$nctions and Or!aniation of t"e B#MP A. Po2ers:

The Bureau shall e1ercise supervision and control over all districts$ city and municipal 'ails to ensure a secured$ clean$ sanitary and ade%uately e%uipped 'ail for the custody and safe"eeping of city and municipal prisoners$ any fugitive

from 'ustice or persons detained awaiting investigation or trial and,or transfer to the National Penitentiary$ and any violent$ mentally ill person who endangers himself or the safety of others.

B. 5$nctions:

Inline with its mission$ the Bureau endeavors to perform the following 3. ormulate policies and guidelines on the administration of all districts$ city and municipal 'ails nationwideK

<. ormulate and implement policies for the programs of correction$ reha(ilitation and treatment of offendersK

4. Plan the program funds for the su(sistence allowance of offendersK 5. )onduct researches$ develop and implement plans and programs for the improvement of 'ail services throughout the country.

C. Or!aniation and 6e% Positions in t"e B#MP:

The B*AP$ also referred to as the *ail Bureau$ was created pursuant to #ection 86$ &.. no. 8>F:$ and initially consisting of uniformed officers and mem(ers of the *ail management and Penology service as constituted under P.;. no. F8:.

The Bureau shall (e headed (y a chief with the ran" of ;irector$ and assisted (y a ;eputy )hief with the &an" of )hief #uperintendent.

The )entral Office is the )ommand and #taff 0M of the *ail Bureau

composed of 4 )ommand =roups$ 8 )oordinating #taff ;ivisions$ 8 #pecial #taff =roups and 8 Personal #taff =roups namely

3. )ommand =roup - )hief$ B*AP - ;eputy ),B*AP - )hief of #taff

<. )oordinating #taff =roups - dministrative ;ivision - Operations ;ivision - Logistics ;ivision

- inance Aanagement ;ivision

- &esearch Plans and Programs ;ivision - Inspection and Investigation ;ivision 4. #pecial #taff =roups

- =eneral #ervices Hnit - 0ealth #ervices Hnit - )haplain #ervices Hnit - )ommunity #ervices Hnit - inance #ervices Hnit - 0earing Office

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5. Personal #taff =roups - ide-de-)amp - Intelligence Office

- Pu(lic Information Office - Legal Office

- d'udication Office - Internal udit

Re!iona Office:

t the &egional Level$ each &egion shall have a designated ssistant regional ;irector for *ail management and Penology. Pro(incia Le(e:

In the Provincial Level$ there shall (e designated a Provincial *ail dministrator to perform the same functions as the &;s province wide. District Office:

In the ;istrict Level$ where there are large cities and municipalities$ a district 'ail with su(ordinate 'ails$ headed (y a ;istrict warden may (e esta(lished as necessary.

Cit% and M$nici'a Office:

In the )ity and Aunicipal level$ a city or municipal 2arden shall head each 'ail.

Ran4 Cassification of t"e B#MP:

& AN6 POSITION>TITLE APPOINTING A;T&ORITY ;irector )hief of the B*AP #ecretary of ;IL=

), #upt. ;eputy ),B*AP same

#n. #upt. sst. &egional ;ir. same #upt. sst. &egional ;ir. same

)hief Insp. 2arden Hnder #ecretary

#n. Insp. 2arden same

Inspector 2arden same

#*O 5 to *ail =uards )hief of the B*AP *O3

D$ties and Res'onsi3iities: . <ARDEN

- ;irection$ )oordination$ and )ontrol of the *ail - &esponsi(le for the

C #ecurity$ safety$ discipline and well (eing of inmates - The office of the warden may organi+e the following units

3. Intelligence and Investigation Team

7 It gathers$ collates and su(mits intelligence information to the office of the warden on matter regarding the 'ail condition.

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<. *ail Inspectorate #ection

- Inspect 'ail facilities$ personnel$ prisoners and su(mit reports to the warden.

4. Pu(lic &elation Office

- Aaintain pu(lic relation to o(tain the necessary and ade%uate pu(lic support.

B. ASSISTANCE <ARDEN

- The office of the ssistant 2arden underta"es the development of a systematic process of treatment.

- )hairman of the )lassification Board and ;isciplinary Board. C. ADMINISTRATIE GRO;PS

The administrative groups ta"e charge of all administrative functions of the 'ail (ureau.

3. Personnel Aanagement Branch - ssignment of personnel - Procedures of selection

- Preparation of personnel reports - Individual record file

<. &ecords and #tatistics Branch

- Geep and maintain (oo"ing sheets and arrest reports - Geep an orderly record of fingerprints and photographs - Present, Prepare statistical data of inmates

4. Property and #upply Branch

- Ta"e charge of the safe"eeping of e%uipments and supplies and materials needed for the operation of the 'ail. 5. Budget and inance Branch

- Ta"e charge of all financial matters such as (udgeting$ financing$ accounting$ and auditing.

:. Aess #ervice Branch

- Ta"e charge of the preparation of the daily menu$ prepares and coo" the food and serve it to inmates.

8. =eneral #ervice Branch

- &esponsi(le for the maintenance and repair of 'ail facilities and e%uipments. It is also tas" with the cleanliness and (eautification of the 'ail compound.

F. Aittimus )omputing Branch

- Tas"ed to receive court decisions and compute the date of the full completion of the service of sentence of inmates.

Aittimus 7 is a warrant issued (y a court directing the 'ail or prison authorities to receive the convicted offender for the service of sentence imposed

therein or for detention. D. SEC;RITY GRO;PS:

- The security groups provides a system of sound custody$ security and control of inmates and their movements and also responsi(le to enforce prison or 'ail discipline.

). Escort Patoon

a) Escort Section 7 to escort inmate upon order of any 'udicial

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(odyK upon summon of a courtK or transfer to other penal institutions.

b) Subpoena Section 7 receives and distri(ute court summons$ notices$ su(poenas$ etc.

7. Sec$rit% Patoon 7 a three 4/ wor"ing platoon shifts responsi(le for over all security of the 'ail compound including gates$ guard posts and towers. They are also responsi(le for the admitting and releasing unit.

E. RE&ABILITATION P;RPOSES GRO;PS:

- This group provides services and assistance to prisoners and their

families to ena(le them to solve their individual needs and pro(lems arising from the prisoners@ confinement.

1. Medical and ealth Services Branch

- Provides medical and physical e1aminations of inmates upon confinement$ treatment of sic" inmates and conduct medical and physical e1aminations and provide medicines or recommends for the hospitali+ation of seriously ill prisoners or inmates. It also conducts psychiatric and psychological e1aminations.

!. "or# and Education Therapy Services

- It ta"e charge of the 'o( and educational programs needed for reha(ilitation of inmates (y providing them 'o( incentives so they can earn and provide support for their families while in 'ail.

$. Socio% &ultural Services

- It ta"es care of the social case wor" study of the individual prisoners (y ma"ing interviews$ home visits$ referral to community resources$ free legal services$ and liaison wor"s for the inmates.

'. &haplaincy Services

- It ta"es charge of the religious and moral upliftment of the inmates through religious services. This (ranch caters to all religious sects.

(. uidance and &ounselin* Services

- &esponsi(le for the individual and group counseling activities to help inmates solve their individual pro(lems and to help them lead a wholesome and constructive life.

T&E RECEPTION AND DIAGNOSTIC CENTER /RDC0

This is a special unit of prison )amp #ampaguita/ where new prisoners undergo diagnostic e1amination$ study and o(servation for the purpose of

determining the programs of treatment and training (est suited to their needs and the institution to which they should (e transferred.

It is composed of the following staff mem(ers

3. The Psychiatrist 7 responsi(le in the e1amination of the prisoner@s mental and emotional ma"e-up.

<. The Psychologist 7 responsi(le to conduct study on the character and (ehavior of the prisoners.

4. The #ociologist 7 study the social case situation of the individual prisoner. 5. The Educational )ounselor 7 conducts orientation classes in order to change

inmates@ attitude towards education and recommends educational program for the prisoner.

:. The ?ocational )ounselor 7 to test the prisoner@s special a(ilities$ interest and

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8. The )haplain 7 encourage the prisoner to participate in religious activities. F. The Aedical Officer 7 conducts physical e1amination and recommends

medical treatment of prisoners.

9. )ustodial-)orrectional Officer 7 recommends the transfer and type of custody of inmates.

T&E ;ARANTINE CELL OR ;NIT

This may (e a unit of the prison or a section of the &;) where the prisoner is given thorough physical e1amination including (lood test$ 1-rays$ vaccinations and immunity. This is for the purpose of insuring that the prisoner is not suffering from any contagious disease$ which might (e transferred to the prison population.

ADMISSION PROCED;RES IN PRISON

). RECEIING 7 the new prisoner is received at the &;). The new prisoner usually comes from a provincial or city 'ail where he was immediately committed upon conviction (y the court$ and escorted (y the escort platoon during his transfer to the National Prison.

7. C&EC6ING O5 COMMITMENT PAPERS 7 the receiving officer chec"s the commitment papers if they are in order. That is$ if they contain the signature of the 'udge or the signature of the cler" of court$ and the seal of the court.

*. IDENTI5ICATION 7 the prisoner@s identity is esta(lished through the picture and fingerprint appearing in the commitment order. This is to insure that the person (eing committed is the same as the person (eing named in the commitment order.

,. SEARC&ING 7 this step involves the fris"ing of the prisoner and

searching his personal things. 2eapons and other items classified as contra(and are confiscated and deposited to the property custodian. Other properties are deposited with the trust fund officer under recording and receipts.

8. BRIE5ING AND ORIENTATION 7 the prisoner will (e (rief and oriented on the rules and regulations of the prison (efore he will (e assigned to the &;) or the %uarantine unit.

T&E TREATMNENT PROGRAMS

A. T"e Instit$tionaied Treatment Pro!rams

). Prison Ed$cation 7 the cornerstone of reha(ilitation. It is the process or result of formal training in school or classrooms intended to shape the mind and attitude of prisoners towards good living upon their release.

7. <or4 Pro!rams + these are programs conducive to change (ehavior in morale (y training prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners$ which may contri(ute to “Prison stupor!$ and it affects the incidence of Prison riot.

*. Rei!io$s Ser(ices in Prison = The purpose of this program is to change the attitudes of inmates (y inculcating religious values or (elief.

,. Recreationa Pro!rams - The only program that is conducted during free time schedule.

:. Medica and &eat" Ser(ices = Aedical and health services includes Aental and physical e1amination - ;iagnosis and treatment 7

Immuni+ation 7 #anitary - inspections - Participation in training -. Co$nsein! and Case2or4

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B. Comm$nit%=Based Treatment Pro!rams 5orms of Comm$nit%=Based Pro!rams

). PROBATION 7 It is a disposition where(y a defendant$ after conviction of an offense$ the penalty of which does not e1ceed 8 years of imprisonment$ is

released su('ect to the conditions imposed (y the releasing court and under the supervision of a pro(ation officer.

Pro(ation is a su(stitute for imprisonment$ the pro(ationer is compared to an out-patient$ a sic" person who does not need to (e hospitali+ed (ecause his illness is considered less serious.

Presidential ;ecree >89 otherwise "nown as the “Philippine Pro(ation Law! approved and too" effect on *uly <5$ 3>F8. #ection 39$ P; >89 as

amended states the creation of Pro(ation dministration under the ;O*$ which shall e1ercises general supervision over all pro(ationers.

7. PAROLE

Parole is the process of suspending the sentence of a convict after having served the minimum of his sentence without granting him pardon$ and

prescri(ing the terms upon which the sentence shall (e suspended. )irilo Tradio/.

It is a decision (y an authority constituted accordingly (y statute to

determine the portion of the sentence$ which the inmate can complete outside of the institution. It is the status of serving the remainder of the sentence of a

convict in the community in accordance with the rules and regulations set-up (y the Board of Parole. )orrectional and Parole dministration/.

C Parole is not a reward per se for good (ehavior (ut rather$ it is a follow-up of his institutional program.

C Parole is not claimed as a right (ut it is granted (y the Board as a privilege to a %ualified prisoner.

The Board of Pardons and Parole BPP/

 %uasi-'udicial (ody which was created under ct no. 5364 otherwise "nown as the Indeterminate #entence Law or the Parole Law$ the agency that grants parole to any prisoner who is %ualified to en'oy its (enefit.

It employs the service of Parole Officers in providing supervision and guidance to parolees.

2ho are dis%ualified for Parole

3. Those prisoners who are sentenced with capital punishment or life imprisonment$

<. Those who are convicted of treason$ conspiracy or proposal to commit treason$ misprision of treason$ re(ellion$ sedition or piracy$

4. 0a(itual Offenders$

5. Those who escaped from confinement or evaded sentence$

:. Those who have (een granted with conditional pardon (ut violated the terms and conditions thereof$ and

8. Those prisoners who are serving a ma1imum term of imprisonment not e1ceeding one year.

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*. CONDITIONAL PARDON

)onditional pardon serves the purpose of releasing$ through e1ecutive clemency$ a prisoner who is already reformed or reha(ilitated (ut who can not (e paroled (ecause the parole law does not apply to him.

Distinction of Paroe from Pro3ation

Paroe: Pro3ation:

3. n administrative function e1ercised 3. It is a 'udicial function (y the e1ecutive (ranch of government

<. =ranted to a prisoner only after he <. =ranted to an offender

has served minimum of his sentenced. Immediately after conviction in prison

4. It is an e1tension of institutional 4. It is a su(stitute for

treatment program. imprisonment.

5. It is granted (y the BPP 5. It is granted (y the court

:. Parolee is supervised :. Pro(ationer is supervised (y a Parole Officer (y a Pro(ation Officer.

5orms of E@ec$ti(e Cemencies

Comm$tation 7 an act of the president changing, reducing a heavier sentence to a lighter one or a longer term into a shorter term. It may alter death sentence to life sentence or life sentence to a term of years. It does not forgive the offender (ut merely to reduce the penalty pronounced (y the court.

Re'rie(e 7 a temporary stay of the e1ecution of sentence especially the

e1ecution of the ;eath #entence. =enerally$ reprieve is e1tended to prisoners sentenced to death. The date of e1ecution of sentenced is set (ac" several days to ena(le the )hief to study the petition of the condemned man for commutation of sentenced or pardon.

Pardon 7 an act of grace e1tended to prisoners as a matter of right$ vested to the )hief E1ecutive The President/ as a matter of power.

T2o 6inds of Pardon

a. &onditional +ardon 7 a pardon given with re%uirements attached. b. ,bsolute +ardon 7 a pardon given without any condition attached. )an the Offended Party grant Pardon

- Jes$ the offended party can grants pardon. Distinction of t"e 'ardon 3% t"e Offended Part% And Pardon Granted 3% t"e President

3. Pardon granted (y the )hief E1ecutive e1tinguishes the criminal lia(ility of the offender$ (ut not in the pardon granted (y the offended party.

<. Pardon granted (y the )hief E1ecutive does not include civil lia(ility$ which the offender must pay$ while pardon granted (y the offended party can waive the civil lia(ility$ which the offender must pay.

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4. Pardon granted (y the offended party should (e given (efore the prosecution of the criminal action$ whereas pardon (y the )hief E1ecutive may (e e1tended to any of the offenders after conviction.

Distinction 3et2een Amnest% and Pardon

Pardon 7 includes any crime and is e1ercised individually (y the President. It is e1ercised when the person is already convicted. It loo"s forward and forgives the offender from the conse%uences of an offense of which he has (een convicted$ that is it a(olishes or forgives the punishment.

Amnest% + a general pardon e1tended to a class of persons or community who may (e guilty of political offenses. It may (e e1ercised even (efore trial or

investigation. It loo"s (ac"ward and puts into o(livion the crime that has (een committed. It is proclamated (y the President with the concurrence of congress. INSTIT;TIONAL C;STODY SEC;RITY AND CONTROL

I. Di(ersification: Conce't and Im'ortance

;iversification is an administrative device of correctional institutions of providing varied and fle1i(le types of physical plants for the more effective custody$ security and control of the treatment programs of its diversified population.

II. T"e Cassification Process

Cassification is a method (y which diagnosis$ treatment planning and e1ecution of the treatment programs are coordinated in the individual case study. It is a process of determining the needs and re%uirement of prisoners for

assigning them to programs according to their needs and e1isting resources. III. PRISON Sec$rit% C$stod% and Contro

Sec$rit% + It involves safety measures to maintain the orderliness and discipline with in the 'ail or prison.

Prison Disci'ine + is the state of good order and (ehavior. It includes maintenance of good standards of wor"s$ sanitation$ safety$ education$ health and recreation. It aims at self-reliance$ self control$ self respect and self

discipline.

Pre(enti(e Disci'ine + is the prompt correction of minor deviations committed (y prisoners (efore they (ecome serious violations.

Contro + It involves supervision of prisoners to ensure punctual and orderly movement from one place wor" program or assignment to another.

C$stod% 7 is the guarding or penal safe"eeping$ it involves security measures to insure security and control with in the prison. The Prison )ustodial ;ivision

carries it out.

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PENAL PROISIONS ON CORRECTION

I. P"ii''ine Correctiona P"ioso'"ies and t"eir Le!a Basis A. T"e P"ii''ine Constit$tion of )1

3. The state values the dignity of every human person and guarantees full respect for human rights. #ec 33$ rt. II/

<. No person shall (e detained solely (y reason of his political (eliefs and aspirations. #ec 39 3/$ rt. III/

4. No involuntary servitude in any form shall e1ist e1cept as a punishment for a crime whereof the party shall have (een fully convicted. #ec. 39 </$ I(id./

5. E1cessive fines shall not (e imposed$ nor cruel$ degrading or inhuman punishment inflicted. 1 1 1 #ec. 3> </. I(id./

:. The employment of physical$ psychological$ or degrading punishment against any prisoner or the use of su(standard or inade%uate penal facilities under su(human conditions shall (e dealt (y law.

#ec.3> </$ I(id./

B. T"e Re(ised Pena Code

“No felony shall (e punisha(le (y any penalty not prescri(ed (y law prior to its commission!. rt. <3$ &P)/

C. T"e P"ii''ine Pro3ation La2 /P.D. No. -0

1 1 1 one of the ma'or goals of the government is to esta(lished a more enlightened and humane correctional system that will promote the reformation of offenders and there(y reduce the incidence of recidivism.

1 1 1 the confinement of all offenders in prisons and other institutions with reha(ilitation programs constitutes an onerous drain on the financial resources of the country.

1 1 1 there is a need to provide a less costly alternative to the imprisonment of the offenders who are li"ely to respond to individuali+ed$ community-(ased treatment programs.

D. R$es for t"e Treatment of Prisoners /DO# #an 1 )80 3. The purpose of committing a prisoner to prison is two-fold

a. To segregate from society a person who (y his acts has proven himself a danger to the free communityK

(. To strive at the correction or reha(ilitation of the prisoner with the hope that upon his return to society he shall (e a(le to lead a normal well

ad'usted and self supporting life as a good and law a(iding citi+en.

<. There is no man who is all (ad and there is something good in all men. rt. I/

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II. Pena Pro(isions

-elay in the -elivery of -etained +ersons to the +roper udicial ,uthorities.

rt 3<:$ &P)/$  felony committed (y a pu(lic officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper 'udicial authorities with in the period of

)7 "o$rs 7 for crimes or offenses punisha(le (y light penalties$

) "o$rs 7 for crimes or offenses punisha(le (y correctional penalties$ *- "o$rs 7 for crimes or offenses punisha(le (y afflictive or capital penalties.

The crime of r(itrary ;etention is committed when the detention of a person is without legal ground.

The legal ground of detention are  a/ commission of a crime and (/ violent insanity or other ailment re%uiring compulsory re%uirement.

Dea%in! Reease

This is committed (y a pu(lic officer or employee who delays for the period of time specified in rt 3<:$ the performance of any 'udicial or e1ecutive order for the release of a prisoner or unduly delays the services of the notice of such order to said prisoner.

Dei(er% of Prisoners from #ai /Art. )8- RPC0 Eements:

a/ The offender is a private individual$

(/ 0e removes a person confined in 'ail or a penal institution or helps in the escape of such person$

c/ The means employed are violence$ intimidation$ (ri(ery or any other means.

The prisoner may(e a detention or sentenced prisoner and the offender is an outsider to the 'ail. If the offender is a pu(lic officer or a private person who has the custody of the prisoner and who helps a prisoner under his custody to escape$ the felony is )onniving with or )onsenting to Evasion rt. <<4/ and Escape of a Prisoner under the custody of a person not a pu(lic officer rt. <<:/ respectively.

This offense li"e other offenses of similar nature may (e committed through imprudence or negligence.

E(asion of Ser(ice of Sentence /Art )81=)8 RPC0 ). E(asion of Ser(ice $nder Art )81 RPC

Eements:

a/ Offender is a prisoner serving sentence involving deprivation of li(erty (y reason of final 'udgement.

(/ 0e evades the service of his sentence during the term of his imprisonment.

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This felony is %ualified when the evasion ta"es place (y (rea"ing doors$ windows$ gates$ roofs or floorsK using pic"loc"s$ false "eys$ disguise$ deceit$ violence$ intimidation orK connivance with other convicts or employees of the penal institution. *ail (rea"ing is synonymous with evasion of sentence/.

7. E(asion of Ser(ice of Sentence on t"e Occasion of Disorders d$e to Confa!rations Eart"F$a4es or Ot"er Caamities /Art. )8 RPC0

Eements:

a/ Offender is a prisoner serving sentence and is confined in a penal institution.

(/ 0e evades his sentence (y leaving the institution. c/ 0e escapes on the occasion of a disorder due to

conflagration$ earth%ua"e$ e1plosion$ or similar catastrophe or mutiny in which he has not participated$ and

d/ 0e fails to give himself up to the authorities with in 59 hours following the issuance of a proclamation (y the )hief E1ecutive regarding the passing away of the calamity.

 special time allowance for loyalty shall (e granted.  deduction of one-fifth of the period of the sentence of any prisoner who evaded the service of sentence under the circumstances mentioned a(ove. The purpose of the law in granting a deduction of one-fifth 3,:/ of the period of sentence is to reward the convict@s manifest intent of paying his de(ts to society (y returning to prison after the passing away of the calamity.

2henever lawfully 'ustified$ the ;irector of Prisons Bureau of )orrections/ shall grant allowance for good conduct and such allowances once granted shall not (e revo"ed.

*. Ot"er cases of E(asion of Ser(ice of Sentence /Art. )8 RPC0 The violation of any conditions imposed to a )onditional Pardon is a case of evasion of service of sentence.

The effect of this is$ the convict may suffer the une1pired portion of his original sentence

Infideit% of P$3ic Officers

3. Infidelity in the )ustody of Prisoners Through )onnivance rt.<<4$ &P)/

 felony committed (y any pu(lic officer who shall consent to the escape of a prisoner in his custody or charge.

<. Infidelity in the )ustody of Prisoners through Negligence rt. <<5$ &P)/

 felony committed (y a pu(lic officer when the prisoner under his custody or charge escaped through negligence on his part.

4. Escape of a Prisoner under the )ustody of a Person not a Pu(lic Officer. rt <<:$ &P)/

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Ot"er Offenses or Irre!$arities 3% P$3ic Officers ). Matreatment of Prisoner /Art. 7*8 RPC0

Eements:

a/ Offender is a pu(lic officer or employee$

(/ 0e overdoes himself in the correction or handling of such prisoner (y imposition of punishment not authori+ed (y regulation or (y inflicting such punishment in a cruel and humiliating manner.

The felony of Physical In'uries if committed if the accused does not have the charge of a detained prisoner and he maltreats him. nd if the purpose is to e1tort a confession$ =rave )oercion will (e committed.

III. Good Cond$ct Time Ao2ance /GCTA0

=ood conduct time allowance is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.

Hnder rt.>F$ &P)$ the good conduct of any prisoner in any penal institution shall entitle him to the following deduction from the period of his sentence

3. ;uring the first two years of his imprisonment$ he shall (e allowed a deduction of : days for each month of good (ehavior.

<. ;uring the third to the fifth years of his imprisonment$ he shall (e allowed a deduction of 9 days each month of good (ehavior.

4. ;uring the following years until the tenth years of his imprisonment$ he shall (e allowed a deduction of 36 days each month of good (ehavior.

5. ;uring the eleventh and the successive years of his imprisonment$ he shall (e allowed a deduction of 3: days each month of good (ehavior.

T,/0 23 ,/- 2-B4ESS555